Armstrong v. Vroman
Supreme Court of Minnesota
This action was brought in the District Court for Hennepin county, to recover of the defendant the amount bid by him upon a sale of land on execution.
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This action was brought in the District Court for Hennepin county, to recover of the defendant the amount bid by him upon a sale of land on execution. The complaint alleges, substantially, that the plaintiff is, and for more than a year last past has been, sheriff of said county; that as such sheriff, on the 26th day of May, 1865, under and by virtue of an execution, duly issued to him out of said court, and in pursuance of due and legal notice, he sold certain real estate, described in the complaint, to the defendant, who was the highest bidder therefor, for the sum mentioned in the…
1Opinion of the Court
By the Goivrt
Berry, J.
Taken as a whole, the complaint shows sufficiently that this action is brought by the respondent in his capacity as sheriff of Hennepin county, and this was entirely proper. It was the sheriff’s duty to make the money upon the execution, and in so doing he acted, as was held by the judge below, as an officer of the law. Hntil the money realized from the sale of the land came into the hands of the sheriff, the judgment creditor had no legal interest in it. It was the sheriff’s business and duty to get it into his hands, to collect it, and then to pay over to the plaintiff…
2Cases cited3 opinions
- Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
- Friedly v. ScheetzSupreme Court of Pennsylvania · 1823
- Walsh v. KattenburghSupreme Court of Minnesota · 1863
3Cited by10 opinions
- Elston v. CastorIndiana Supreme Court · 1885
- Hokanson v. GundersonSupreme Court of Minnesota · 1893
- Galpin v. LambOhio Supreme Court · 1876
- McCarthy v. GraceSupreme Court of Minnesota · 1876
- Walker v. BradenSupreme Court of Kansas · 1886
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